Tsagourias, N. (2016) Self-Defence against Non-state Actors: The Interaction between Self-Defence as a Primary Rule and Self-Defence as a Secondary Rule. Leiden Journal of International Law, 29 (3). pp. 801-825. ISSN 0922-1565
Abstract
This article examines the law of self-defence as applied to non-state attacks in light of the coalition air strikes against ISIL in Syria. It critiques the two current interpretations of the law of self-defence – one based on attribution and the other on the ‘unable or unwilling’ test – for failing to address adequately the security threat posed by non-state actors or for not addressing convincingly the legal issues arising from the fact that the self-defence action unfolds on the territory of another state. For this reason, it proposes an alternative framework which combines the primary rule of self-defence to justify the use of defensive force against non-state actors, with the secondary rule of self-defence to excuse the incidental breach of the territorial state's sovereignty.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016 Foundation of the Leiden Journal of International Law. Article available under the terms of the CC-BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0/). |
Keywords: | attribution; circumstances precluding wrongfulness; ISIL; non-state actors; substantial involvement; ‘unable or unwilling’ |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 01 Apr 2016 11:48 |
Last Modified: | 30 Apr 2020 10:51 |
Published Version: | http://dx.doi.org/10.1017/S0922156516000327 |
Status: | Published |
Publisher: | Cambridge University Press |
Refereed: | Yes |
Identification Number: | 10.1017/S0922156516000327 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:97429 |
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